The defendant shall be innocent.

1. The summary of the facts charged was that the Defendant had his employee B drive C dump trucks on November 21, 2003, and around 09:31 on November 21, 2003, the Defendant violated the restriction on the operation of the vehicle by driving the 11.1t cargo loaded with the 4 dump truck in excess of 10t of the limitation 10t out of the limit 10t of the limit dump dump dump truck at the Gump Kimpo Business Office

2. The prosecutor applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the facts charged in the instant case, and the summary order subject to retrial was notified and finalized.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be fined under the relevant Article." (The Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (merged)" in Article 86 of the former Road Act is in violation of the Constitution. Accordingly, the above provision of the Act retroactively lost its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure Act